Appeal restores restrictions on non-parties’ access to trial documents – OUT-LAW.com

Posted August 14th, 2018 in appeals, civil procedure rules, documents, news, trials by sally

‘Access to trial documents by those that are not parties to a particular case is limited to ‘records of the court’, and does not include the likes of trial bundles nor, in general, other trial documents, the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 13th August 2018

Source: www.out-law.com

Success of court disclosure reforms requires ‘cultural change’ – OUT-LAW.com

Posted August 10th, 2018 in civil procedure rules, disclosure, documents, news by sally

‘Plans to overhaul document disclosure in the courts in England and Wales have been approved by the Civil Procedure Rule Committee (CPRC).’

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OUT-LAW.com, 8th August 2018

Source: www.out-law.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Caroline Wood discusses costs, Qowcs and multiple defendants – Park Square Barristers

Posted August 6th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’

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Park Square Barristers, 24th July 2018

Source: www.parksquarebarristers.co.uk

Rule committee signs off disclosure pilot rules – Litigation Futures

Posted August 1st, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Applying to commit for breach of a child arrangements order – Family Law

Posted July 19th, 2018 in civil procedure rules, contact orders, family courts, news by tracey

‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’

Full Story

Family Law, 19th July 2018

Source: www.familylaw.co.uk

UK government launches consultation on open justice – OUT-LAW.com

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

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OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

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Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Good and bad news for Civil Liability Bill opponents – Legal Futures

‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’

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Legal Futures, 6th July 2018

Source: www.legalfutures.co.uk

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

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Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Court of Appeal cracks down on misconduct in detailed assessment in “watershed ruling” – Litigation Futures

Posted June 22nd, 2018 in civil procedure rules, costs, news, personal injuries, solicitors by tracey

‘The Court of Appeal has handed down what one of the lawyers involved has described as a “watershed” ruling on the conduct of detailed assessment proceedings, which saw a successful claimant lose half of her profit costs for claiming a higher hourly rate than she was entitled to.’

Full Story

Litigation Futures, 22nd June 2018

Source: www.litigationfutures.com

If it’s in the bundle, it’s in evidence – Hardwicke Chambers

Posted June 18th, 2018 in civil procedure rules, documents, evidence, interpretation, news by sally

‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’

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Hardwicke Chambers, 10th May 2018

Source: www.hardwicke.co.uk

Ministry of Justice unveils legislation that will allow judges to delegate “routine” work to court staff – Litigation Futures

Posted May 25th, 2018 in bills, civil procedure rules, courts, judiciary, lists, news by sally

‘Legislation to allow judges to delegate tasks to court staff was announced by the Ministry of Justice (MoJ) yesterday as it emerged that the Civil Procedure Rule Committee (CPRC) has already begun looking at the issue.’

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Litigation Futures,24th May 2018

Source: www.litigationfutures.com

Court of Appeal confirms limited scope for re-opening permission decisions – OUT-LAW.com

Posted May 2nd, 2018 in appeals, civil procedure rules, judicial review, news, planning by tracey

‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’

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OUT-LAW.com, 2nd May 2018

Source: www.out-law.com

Fixed costs only where pre-action protocol not followed – Zenith PI

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

Full Story

Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures

‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’

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Litigation Futures, 23rd April 2018

Source: www.litigationfutures.com

Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them – Courts and Tribunals Judiciary

‘Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them.’

Full speech

Courts and Tribunals Judiciary, 19th April 2018

Source: www.judiciary.gov.uk

Latitude for litigants in person? Apparently not (just about…) – Zenith Chambers

‘On 21 February 2018 judgment was given in the case of Barton -v- Wright Hassall LLP [2018] UKSC 12.’

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Zenith Chambers, 26th February 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

Posted March 15th, 2018 in boundaries, civil procedure rules, electronic mail, news, service, surveyors by tracey

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

Full Story

Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com